November 28, 1961

HonorableV. D. Housworth Executive Director State Board of Barber Examiners State Office Building Austin, Texas Opinion No. WW-1202 Re: Construction of Section 9 (f) of the Texas Barber Law regarding the "fiveyears experience"provision. Dear Mr. Housworth:

Your recent opinion requestpropounds the following questions:

"Wewould like clarificationon whether of not the five years experience must be had under a Registered Class "A" license,or If it could be a combinationof practice as an Assistantbarber license,and a Registered Class "A" license. "Would the fiveyears experienceas a practicingbarber have to be had in Texas, or could experienceas a licensedpracticing barber in another statebe accepted?" Section 9 (f) of Article 73&aVernon's Penal Code added to House Bill No. 829, 57th Legislature,Regular Session, Chapter 287 page 602 reads in part as follows:

"Nobarber school or collegewhich issues tClassAl certificates shallbe approvedby the Board unless it is under the direct supervision and control of a barber who holds a current registered 'ClassAt certificate to practice barbering under the Texas Barber Law, and who can show evidence of at least five (5) xears experience as a practicingbarber

. . .HonorableV. D. Housworth,page 2 (WW-1202)

We believe that the answer to your first question is found in Section 4 of Article 734a, Vernon's Penal Code, which reads in part as follows:

"

. . .thepractice of barbering Is hereby defined to be the followingpractices for hire or reward

. . ." (a) Shaving or trimming the beard or cutting the hair. (b) By giving any of the following treatmentsby any person engaged in shaving or trimming the beard and/or cutting the hair;"(1) Giving facial and scalp massages, or applications or oils, creams, lotions, or other nreparatlons, either by hand or electrical appliances; " (2) Singeing, shampooing,or dyeing the hair or applying hair tonics;

“(3) Applying cosmeticpreparations, antiseptics,powders, oils, clays, or lotions to the scalp, face, neck, or that part of the body above the shoulders." It Is apparent that one with an assistantbarber license may perform the acts enumerated in Section 4. Section 5 of Article 734, Vernon's Penal Code specifically authorizes assistant barbers to do the acts constituting the practice of barbering under the Immediate supervision of a registeredbarber. The fact that an assistant barber must practice under the immediate supervision of a registeredbarber does not, in our view, prevent such experience from satisfying the five (5) year experience requirement of Section 9 (f).

In connectionwith your second question, it is our opinion that our-of-statebarbering experience,as defined by Section 4 of the Texas Barber Law, may be applied to satisfy the five (5) year barber experience requirement in question. Our reason for this view is simply that there is no indication in Section 9 (f) that the Texas Legislature intended to require that the experience requirement inHonorableV. D. Housworth, page 3 (WW-1202)

questionbe satisfied only by experienceacquired in Texas.

SUMMARY Barber experiencehad under an assistant barber license may be applied to satisfy the five (5) year experience requirement in question. Out-of-state experienceas a practicingbarber may be applied to the satisfactionof said requirements. Very trulyyours, WILL WILSON Attorney General of Texas

By Joe B. McMaster Assistant JBMcM:kh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Gordon Cass Jack Pr'ce Norman Suarez Riley Eugene Fletcher REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee